Outley v. Cain

Full title: RANDY OUTLEY (#125022) v. BURL CAIN

Court: UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF LOUISIANA

Date published: Dec 16, 2014

CIVIL ACTION NO. 14-219-SDD-SCR (M.D. La. Dec. 16, 2014)

Opinion

CIVIL ACTION NO. 14-219-SDD-SCR

12-16-2014

RANDY OUTLEY (#125022) v. BURL CAIN

SHELLY D. DICK, DISTRICT JUDGE MIDDLE DISTRICT OF LOUISIANA

RULING

The Court has carefully considered the Complaint ¹, the record, the law applicable to this action, and the Report and Recommendation ² of United States Magistrate Judge Stephen C. Riedlinger dated November 10, 2014. Plaintiff has filed an objection³ which the Court has also considered.

1 Rec. Doc. 1

2 Rec. Doc. 22.

3 Rec. Doc. 23.

The Court hereby approves the Report and Recommendation of the Magistrate Judge and adopts it as the Court's opinion herein.

ACCORDINGLY, the Defendant's Motion to Dismiss ⁴ is GRANTED, and this action is dismissed pursuant to 28 U.S.C. §1915(e)(2)(B)(ii), and without leave to amend because there is no conceivable, non-frivolous, federal claim Plaintiff could assert against the Defendant consistent with the facts alleged in his Complaint.

4 Rec. Doc. 11.
--------

Baton Rouge, Louisiana the 16 day of December, 2014.

/s/_________

SHELLY D. DICK, DISTRICT JUDGE

MIDDLE DISTRICT OF LOUISIANA